Taxi Regulation Act 2003
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Mandatory disqualification for holding licence on conviction of certain offences. |
36.—(1) Where a person being the applicant for or the holder of a licence is convicted of any of the following offences, namely— | |
(a) murder, | ||
(b) manslaughter, | ||
(c) an offence— | ||
(i) under the Non-Fatal Offences against the Person Act 1997 (other than section 2 or 3), or | ||
(ii) on— | ||
(I) conviction on indictment, under section 2 or 3 of that Act, or | ||
(II) summary conviction, under section 2 or 3 of that Act where the individual assaulted was at the time of the offence or at a material time before it a fare paying passenger in a small public service vehicle being driven by the person, other than where the individual assaulted contributed, in the opinion of the Commission, in a material way to the assault or is convicted of an offence under either of those sections for assaulting the person, | ||
(d) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 ), | ||
(e) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994 ), | ||
(f) an offence relating to money laundering under Part IV of the Criminal Justice Act 1994 , | ||
(g) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 , | ||
(h) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 , or | ||
(i) an offence under the Firearms and Offensive Weapons Acts 1925 to 1990, | ||
the person— | ||
(i) in the case of being convicted summarily where a fine only is imposed by the Court, is disqualified for the period of 12 months, | ||
(ii) in any other case, subject to subsection (2), is disqualified, | ||
for holding a licence and, accordingly, where the person is the holder of a licence, the licence stands revoked. | ||
(2) Subject to subsection (3), after the period of— | ||
(a) 2 years in the case of being convicted summarily, where a term of imprisonment is imposed by the Court, with or without a fine, | ||
(b) 5 years in the case of being convicted on indictment, where a fine or a term of imprisonment of less than 10 years or both is imposed by the Court, or | ||
(c) 10 years in the case of being convicted on indictment, where a term of imprisonment of 10 or more years is imposed by the Court with or without a fine, | ||
of an offence referred to in subsection (1), the person may apply— | ||
(i) where the offence has been tried summarily, to the judge of the District Court in whose District Court District, or | ||
(ii) where the offence has been tried on indictment, to the judge of the Circuit Court in whose Circuit, | ||
the person resides, to be allowed to apply for a licence under such terms or conditions as the Court may direct. | ||
(3) Notwithstanding section 33 , where a person has been convicted of an offence referred to in subsection (1) before the commencement of that subsection, and the relevant period referred to in subsection (2) for making an application under subsection (2) has elapsed before the commencement of subsection (1) and (2), he or she may make an application under subsection (2) before the commencement of that subsection. | ||
(4) A person shall not make an application under subsection (2) where he or she is serving a term of imprisonment. | ||
(5) Where a person being the applicant for or the holder of a licence to drive a small public service vehicle is convicted, after the commencement of this subsection, of any of the following offences under the Act of 1961, namely— | ||
(a) on conviction on indictment, dangerous driving under section 53, | ||
(b) driving a vehicle while under the influence of an intoxicant under section 49 (inserted by section 10 of the Act of 1994), or | ||
(c) being in charge of a vehicle while under the influence of an intoxicant under section 50 (inserted by section 11 of the Act of 1994), | ||
the person is disqualified for holding a licence to drive a small public service vehicle for the period of any disqualification for holding a driving licence resulting from conviction for the offence under the Act of 1961 and— | ||
(i) in the case of a conviction mentioned in paragraph (a), the period of 5 years, or | ||
(ii) in the case of a conviction mentioned in paragraph (b) or (c), the period of 2 years, | ||
following the end of the first-mentioned period, and, accordingly, where the person is the holder of a licence to drive a small public service vehicle, the licence stands revoked. | ||
(6) A person who is disqualified under this section for holding a licence and who— | ||
(a) carries or attempts to carry a passenger for reward or stands or plys for hire in a small public service vehicle, or | ||
(b) operates or controls any business or activity relating to the provision of small public service vehicle services, | ||
is guilty of an offence. |